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| Phone hacking: Andy Coulson fights high court ruling over legal fees | Phone hacking: Andy Coulson fights high court ruling over legal fees |
| (about 2 hours later) | |
| Former News of the World editor Andy Coulson has challenged a high court ruling that News International is not liable to pay his legal fees over the phone-hacking scandal. | Former News of the World editor Andy Coulson has challenged a high court ruling that News International is not liable to pay his legal fees over the phone-hacking scandal. |
| Lawyers for Coulson told the court of appeal in London on Thursday that criminal charges relating to his time as editor of the Sunday tabloid were "absolutely essential" to the meaning of a key clause in his contract with News International. | Lawyers for Coulson told the court of appeal in London on Thursday that criminal charges relating to his time as editor of the Sunday tabloid were "absolutely essential" to the meaning of a key clause in his contract with News International. |
| Tom Linden QC, for Coulson, argued that News International was also liable for the former editor's legal fees because the company has reputedly agreed to indemnify Rebekah Brooks, its former chief executive, and several Sun journalists as part of criminal proceedings. | Tom Linden QC, for Coulson, argued that News International was also liable for the former editor's legal fees because the company has reputedly agreed to indemnify Rebekah Brooks, its former chief executive, and several Sun journalists as part of criminal proceedings. |
| Coulson, who was in court for the hearing on Thursday, is among seven former News of the World staff facing charges of conspiring to intercept voicemail messages. He denies any wrongdoing. | Coulson, who was in court for the hearing on Thursday, is among seven former News of the World staff facing charges of conspiring to intercept voicemail messages. He denies any wrongdoing. |
| David Cameron's former communications director wants to overturn a high court ruling in December 2011 that a clause in his severance agreement with News International meant that the publisher was liable to cover his legal costs relating only to his "lawful duties" as editor and not allegations of criminality. | David Cameron's former communications director wants to overturn a high court ruling in December 2011 that a clause in his severance agreement with News International meant that the publisher was liable to cover his legal costs relating only to his "lawful duties" as editor and not allegations of criminality. |
| Linden, for Coulson, told the court of appeal on Thursday: "Is this [the criminal proceedings] a result of his being the editor of the News of the World? If the answer to this is yes then of course we succeed. It is a case which is absolutely essential to the meaning of the clause." | Linden, for Coulson, told the court of appeal on Thursday: "Is this [the criminal proceedings] a result of his being the editor of the News of the World? If the answer to this is yes then of course we succeed. It is a case which is absolutely essential to the meaning of the clause." |
| He added: "Operations Weeting and Elveden are about whether Mr Coulson acted unlawfully in fulfilling his duties as editor. I would submit there is no difficulty in saying that the allegations against him are about how he did his job as editor of the News of the World. This is a case about how he performed his duties as editor." | He added: "Operations Weeting and Elveden are about whether Mr Coulson acted unlawfully in fulfilling his duties as editor. I would submit there is no difficulty in saying that the allegations against him are about how he did his job as editor of the News of the World. This is a case about how he performed his duties as editor." |
| News Group Newspapers, the News International subsidiary that published the now-defunct News of the World, maintains that it is not liable for his legal bills over the phone-hacking affair. | News Group Newspapers, the News International subsidiary that published the now-defunct News of the World, maintains that it is not liable for his legal bills over the phone-hacking affair. |
| Christopher Jeans QC, for News Group Newspapers, told the court: "The clause covers doing his job as editor. It is not part of his job to hack telephones." | Christopher Jeans QC, for News Group Newspapers, told the court: "The clause covers doing his job as editor. It is not part of his job to hack telephones." |
| Jeans added that the court should require Coulson to explain "the context" of the phone-hacking allegations before it decides whether News Group Newspapers is liable to pay his legal costs. | Jeans added that the court should require Coulson to explain "the context" of the phone-hacking allegations before it decides whether News Group Newspapers is liable to pay his legal costs. |
| "Let him set out the context in which it allegedly occurred. There has to be a proper context and he has not made it. Without that the court simply cannot decide whether it was a mode of his job," he said. | "Let him set out the context in which it allegedly occurred. There has to be a proper context and he has not made it. Without that the court simply cannot decide whether it was a mode of his job," he said. |
| Jeans told the court that if News Group Newspapers is obliged to meet Coulson's legal costs then he should be reimbursed on the outcome of any criminal proceedings, rather than on a "pay-as-you-go basis". | |
| However, Coulson's lawyers pointed out that News International appears willing to pay for Brooks's legal support "as she goes along". | |
| They also argued that Tom Mockridge, the News International chief executive, has reportedly committed to funding legal support for Sun journalists arrested in Scotland Yard's investigation into allegations of inappropriate payment to police and public officials. | |
| The three appeal court judges – Lord Justice Laws, Lord Justice Sullivan and Lord Justice McCombe – reserved judgment after a four-and-a-half hour hearing. | |
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